§ 24.14 BATTERED WOMAN SYNDROME

• Jurisdiction: United States

§ 24.14. BATTERED WOMAN SYNDROME

[A] Research

The battered woman syndrome (BWS) describes a pattern of violence inflicted on a woman by her mate.²³³ Dr. Lenore Walker, the principal researcher in this field, describes a battered woman as follows:

A battered woman is a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without any concern for her rights. Battered women include wives or women in any form of intimate relationships with men.²³⁴

Cycle ofviolence. This type of violence is neither constant nor random. It follows a pattern, according to Dr. Walker, who has posited a three-stage cycle of violence. The first stage is the "tension building" phase, during which small abusive episodes occur. These episodes gradually escalate over a period of time. The tension continues to build until the second stage — the "acute battering" phase — erupts. During this phase, in which most injuries occur, the battering gets out of control. Psychological abuse in the form of threats of future harm is also prevalent. The third phase is a calm, loving period in which the batterer is contrite, seeks forgiveness, and promises to reform. This phase provides a positive reinforcement for the woman to continue the relationship in the hope that the violent behavior will not recur. The cycle then repeats itself.²³⁵

Walker's research has not been free of criticism: "The syndrome, first proposed in the 1970's and based on the clinical observations of a single researcher, has yet to be corroborated by serious and rigorous empirical work. . . . Given the lack of a scientific basis and its failure to achieve specific political and policy goals, the battered woman syndrome can be expected to soon pass from the legal scene."²³⁶ This seems unlikely, however. A 1992 review of the research literature indicated that BWS had attained, to a large extent, scientific acceptance. Citing a survey of experts in the field,²³⁷ Schuller and Vidmar concluded: "The degree of expert consensus shown in the Dodge and Greene survey tends to suggest that the scientific literature bearing on a battered woman's circumstances and situation is sound. There are, however, some aspects of the testimony — the cycle pattern of violence and the development of learned helplessness — that are not universal across battering relationships."²³⁸

[B] Admissibility

The admissibility of BWS evidence initially divided the...